What factors will determine whether I will collect alimony?

On behalf of Eisenberg & Spilman, PLLC posted in alimony on Wednesday, September 19, 2018.

Spousal support, or alimony, can be a contentious matter in Michigan divorces. Often, one person feels entitled to this financial support and the other person has every intention of avoiding this responsibility, which makes it exceedingly difficult to reach agreements.

So, how do you (or the courts) make a decision on spousal support? Many factors will affect whether the someone pays or receives alimony in Michigan.

Factors divorcing parties should consider

If you or your soon-to-be ex wishes to receive alimony, you may be able to resolve the matter yourselves by considering a few important factors.

Do you have a prenuptial or postnuptial agreement? If so, you might have already come to an agreement on alimony if that agreement is valid and enforceable.

Is there a need for support? The receiving party could make a case that he or she gave up their earning potential for the benefit of the family or the other spouse, or that without support, they would be unable to provide for themselves.

Is it reasonable for the other person to pay? Think about how alimony would affect the payer. Consider the person's current income, the tax implications as well as whether he or she is also paying child support.

Factors considered by the court

When spouses cannot reach an agreement themselves, the matter will go in front of a judge for resolution. The courts will assess numerous factors, including:

How long you were married

Each party's income

Each party's age and health

The property division agreement

Marital conduct and contributions

These and other factors will help the courts determine whether to award alimony as well as the amount and duration of the payments.

As you can see, simply wanting alimony or not wanting to pay alimony will not be enough to determine spousal support in any case. Parties must take into account numerous factors before deciding whether to award someone alimony.

Considering the subjective nature of these matters as well as the financial impact they will have, it can be prudent to have legal guidance to help you pursue a fair outcome.

Testimonials

Understanding the legalities of the divorce process Laura has walked me through the maze of this legal system educating me so that I understand the divorce process. She has fought for me an every issue that I have had concerns with and given me excellent advice when I needed it. I am very satisfied with the direction and results. - Anonymous

The Best Family Lawyer in MI My cousin who owns his own law firm in Toronto found Amy for me as the best female lawyer in MI. It turned out to be very true. She helped me through one of the hardest times of my life, not only just legally but emotionally through a divorce... - Graeme

Laura Eisenberg -Attorney Without a doubt, one of the most professional people I have ever dealt with. Laura is an over-communicator with a complete skill set. She was able to manage my expectations while helping me to feel confident in the decisions we were making. The results were great and the client-lawyer relationship was exceptional.- Jeff

Excellent, Supportive, Knowledgeable, Strong Amy is the best type of lawyer one could want - she is tough when needed, extremely knowledgeable about her field, confident, supportive, straightforward, reliable and cognizant of keeping financial commitments at a reasonable level. Amy handled my divorce and was not only excellent in her delivery of services, but...- Jordana

Highly Recommended - Caring, Tough, Affordable Lawyer Laura Eisenberg was 100% on my side during my divorce and actually got it pushed through ahead of schedule because of her good relationship with the Oakland County judge! She got me everything I wanted and also worked out the custody, child support and the property settlement that I wanted. - Katherine

Very Skilled & Experienced Lawyer Laura helped me through a very difficult divorce situation. I was completely taken by surprise when my spouse filed divorce papers, and was worried about the children, the house, child support, etc. A friend recommended Laura because she had really helped her with her divorce. - Anonymous

Get Started Today

Responding to our clients' needs is our first priority at Eisenberg & Spilman, PLLC. Whether you are considering divorce and have questions about your rights, or you are seeking custody of your child, our Oakland County family law attorneys are here to help you.

We invite you to contact Eisenberg & Spilman, PLLC, at 248-358-8880 to schedule a confidential consultation with one of our attorneys to discuss your divorce or other family law matters. In addition to our regular business hours, evening and weekend appointments are available upon request.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.